1. INTRODUCTION:

Intellectual Property (IP) is an intangible asset which seeks to promote innovation, creativity and economic growth. From medicines to aesthetic designs, various IPRs used in our day-to-day life include Copyrights, patents, trademarks, Geographical Indication (GI), Industrial Designs, Trade secrets, Integrated circuits, plant varieties, etc.

Men and women both have contributed immensely to the promotion of IPR but sadly the proportion of women innovators has always remained lesser than male counterparts. Despite the huge potential of IP to transform our lives, it has failed to transform the sad reality of the gender gap. Going by the saying ‘diversity improves economies’, this lop-sided growth in IP sector is unsustainable in the long run. Therefore it becomes imperative to analyse the role of women in IP.

2. WOMEN AND INTELLECTUAL PROPERTY

Women are contributing a lot to the growth of IP sector in India and globally. The role of women in IP sector is not only restricted to innovations, patents and copyrights but they also contribute to this sector by becoming patent agents, facilitators, and IP attorneys. Historically also, women have contributed immensely in the field of arts, science, entertainment, etc.

Some of the notable women innovators include Ada Lovelace (the first computer programmer), Grace Hopper (Credited for inventing computing methods), Katherine Johnson (contributed in human space exploration), Adele Goldberg (developer of Graphical user Interface blueprint), Stephanie Shirley, Margaret Hamilton (Coined the term software engineering), Megan Smith (Ist female CTO), Flora Nwapa (first Nigerian woman author) and much more.

Besides these, certain other entrepreneurs who have left a mark on IP industry include Nina Archie, Susanne Hollinger, Marlene Valderrama, Alison Erickson, etc.

2.1. ECONOMIC BENEFITS OF WOMEN IN IP SECTOR:

According to the Institute for Women’s Policy and Research, women-owned businesses witnessed four times more growth than male-owned businesses but only 20.8% of these firms are owned by women. Therefore reducing gender gap in IP sector can benefit the economy as a whole and has the potential to add almost 12 trillion USD to global GDP by 2025.

2.2. IP’S ROLE IN EMPOWERING WOMEN

Besides women contributing to the growth of IP sector, IP sector also helps in empowering women in times of technological revolution. IP protection can help female artists and actresses in earning huge reputations and money by giving them a monopoly over their creations. Several surveys have also proved that effective IP laws can help in achieving gender equality. It inspires women to come up with innovative ideas and promote women's entrepreneurship. Women in the apparel industry can also benefit through industrial designs and trademarks.

2.3. TAPPING THE HUGE POTENTIAL OF WOMEN INNOVATORS:

It’s important to recognise the role of women innovators because women form half of the population and if they are excluded, the IP sector would miss out on a huge potential of women creators. This further matters because IP has the potential to transform businesses and economies and if women remain under-represented in this sector, it is an underutilization of their talent. It is often seen that women become better leaders and effectively balance their professional and personal life. She can combine professional ethics with empathy and help in bringing onboard innovation and creativity.

For instance, The United States Patent and Trademark Office (USPTO) report also shows that the share of women inventors has increased from 16.6% to 17.3% and they have remained active in registering more patents. Within 5 years of the first patent, they became the lead inventor for second patent also.

Besides this, diversity in IP sector is also important because it can help in bringing innovative solutions for diverse problems which are related to individual communities. Having more women innovators means more talent and ideas.

2.4. FACTS AND FIGURES ON WOMEN IN IP:

Despite remarkable contributions in IP sector, women still account for a dismal share in IP sector. Only 16.2% of the WIPO patent applications are filed by women, Only 0.3% of all patent applications was filed by all women contingent, and only 7.7% of women are primary inventors for a patent. In 2019-2021, the share of female inventors in India was 10.2%.

But if compared to the past, the number of women in the IPR sector is witnessing some progress. Research shows almost a 500% increase in female investors and more than 25% of patents had at least one female inventor. Further, the count of women-led IP firms and female IP practitioners is increasing multi-fold.

Another interesting finding was that most of the women innovations are mostly confined to certain selected fields like pharmaceuticals, biotechnology, and organic chemistry. But most number of women business owners are in education, health, and other services showing that their talent is not uniformly recognised in all industries. One research also shows that men are two times more likely to have a patent than women businesses further showing gender disparity.

These figures suggest that although the number of women innovators is increasing as compared to the past, the overall percentage remains low, leaving a wide range of ideas and innovations untapped. This is why WIPO estimates that gender parity in IPR will not be achieved before 2064. 

3. REASONS FOR LOW WOMEN PARTICIPATION IN IP

3.1. HISTORICAL REASONS FOR LOW WOMEN PARTICIPATION IN IP

Despite similar levels of innovation and creativity in both the genders, IP sector has historically been dominated by males. According to the Women’s History blog (1555-1865), only ten patents were awarded to women annually while their male counterparts had almost 3760 patents in their name.

Historically, creative fields like painting, arts, literature, etc. were closed to women and dominated by males. Women's inventions, if any, were circulated secretly and considered taboo. Even patents had to be acquired on name of males because at that time women couldn’t own property. Notable example of such disparity is the recording of the patent for processing Indian Corn. The method was developed by Sybilla Masters but the patent was in the name of her husband.

3.2. GENDER PAY GAP:

WEF’s Global Gender Report points out that there is a huge gender pay gap. India also has a dismal labour force participation rate (LFPR) standing at 20% and a negative attitude towards women employees. This gender pay gap leads to negative environment towards women's innovation and creativity and acts as a deterrent for women in IP.

3.3. LACK OF RESOURCES AND FINANCING:

‘OECD (Organisation for Economic Cooperation and Development) study on women entrepreneurs’ Report suggests that women might not have access to same resources as men. They also face hurdle in getting financing and support. Another research indicates that men-owned businesses are two times more likely to receive $1 million startup funding than female counterparts due to unconscious bias. This gives them a cost advantage because developing prototypes and applying for patents requires huge costs. Due to this women are less likely to hold intellectual property despite more indulgence in research & development activities.

The data from International property Rights Index has proved that higher income countries have better gender parity in intellectual property because they have greater protection to invent, market and enjoy the rewards of their creation. Thus lack of strong IPR regime can also be a reason for disparity.

Further, Engine of Trade in Africa report suggests that lack of basic knowledge on IP Rights and market opportunities is also a prominent reason for gender disparity.

3.4. LOW FEMALE EDUCATION RATE:

Lower female education ratio and lower participation in STEM (Science Technology, Engineering and Medicine) is also significant cause of for gender gap in IP sector. Basic education is a must to transform society and if the females of a country are illiterate the chances of their contribution in IP automatically reduce.

3.5. SOCIAL OBSTACLES:

Reports indicate that female innovators are less likely to commercialise their inventions and market themselves due to social barriers. The kind of networking required to flourish women innovators is missing. They are less likely to be invited to expert panels where they can meet innovation partners and very few proposals from female entrepreneurs are accepted as compared to male counterparts. Women also have to face family responsibilities and motherhood which affects their participation in the workforce.

3.6. LACK OF ACCURATE DATA ON WOMEN PARTICIPATION IN IP AND LACK OF STRONG IPR FRAMEWORK:

To accurately figure out the participation of women in various IP fields, accurate data is a must. But the progress has been slow. There is not much data on participation of women in Copyright field. The data on women patentees was also curated for the first time in 1888 after the efforts of Charlotte Smith. Similarly, Studies suggest that countries with strong IPR laws are more likely to incentivize women for their creativity. But on the other hand, weak IPR regime can lead to demotivation.

4. MEASURES FOR PROMOTING GENDER INCLUSIVITY

Nationally and internationally various steps have been taken to promote gender inclusivity in IPR sector. These initiatives majorly focus on incentivising women innovators, designing training programs, organising networking platforms, recognising and awarding them, bringing legislative and policy changes for their inclusion, engaging local stakeholders like women entrepreneurs, NGOs, researchers, educators and young women to create awareness about STEM (Science, Technology, Engineering and Mathematics).

4.1. INTERNATIONAL EFFORTS

• The Intellectual Property Office of the Philippines (IPOPHL), USPTO’s probono program and Mexcio’s Mujeres program are aimed at providing assistance to woman in IP through free legal assistance, mentoring, and other training programs.
• EPO (European Patent Office) is trying to encourage participation by highlighting women achievements in IP, major challenges and the statistics on participation through its report ‘Women’s participation in inventive activity’.
• WIPO’s Intellectual Property and Gender Action Plan (IPGAP) is also aimed at engaging more and more women in IP sector. Similarly, ‘IP for Women Entrepreneurs’ project provides mentorship and knowledge to women entrepreneurs helping them to ace their competition.
• China’s investment in protecting women’s IPR, raising awareness about gender equality, and women’s education and fair workplace has helped it produce largest number of women innovators.

4.2. NATIONAL EFFORTS

• Office of the Controller General of Patents, Designs, and Trade Marks (CGPDTM), India provides 80% fee reduction to women entrepreneurs.
• Department of Science and Technology (DST’s) Women Scientists Scheme (WOS) incentivises women in opting for STEM (Science, Technology, Engineering and Mathematics) imparting training to over 800 women. The effect is that women now form 10% of the active patent agents. It also aims to nullify the impact of career break by offering different types of grants, internships, fellowships, and on-the-job training, helping them to become IP facilitators and women agents.
• Patent Rules, 2003 were amended to expedite the process of examination of women applicants.

5. CONCLUDING OBSERVATIONS

Women participation in IP is important to bring sustainable growth of this sector. But no amount of external push can help without bringing a change from within. To bring more women in IP sector it is important to change the mindset of women and motivate them to believe in themselves, take up leadership positions without fearing about society, provide educational support, and remove unconscious bias in investments through certain guidelines or quotas on investments.

Mentorship programs, courses, guidance, and incentives by national offices, etc. can help change the mindset of women towards IP and inspire them to contribute to the growth of IP. Exposure to innovation in childhood also helps in stimulating interest for IP. Further, it’s important to track the progress from time to time for which collecting reliable data and choosing the right determinants remain important.

As Esthor Dyson says, “Owing the Intellectual property is like owing a land: you need to keep investing in it again and again to get a payoff; you can’t simply sit back and collect rent.” 

 Similarly, if we want to achieve more in IP we have to invest in increasing women's participation in IP, otherwise, it will be a lop-sided growth. To conclude:

Giving equal IPR rights empowers women and empowering women in turn empowers the field of IPR.

.    .    .

References:

• Kavitha Lyer, ‘Importance of Intellectual Property (IP) Rights’ (Lego Desk, 2020) <https://legodesk.com> accessed 24 Apr 2023.
• Pippa Hall, ‘World IP Day 2018: Women in innovation and creativity’ (Intellectual Property Office, 26 Apr 2018) https://ipo.blog.gov.uk - accessed 24 Apr 2023.
• Adebambo Adewopo, ‘Intellectual Property Day: A toast to women’s creativity’ (The Guardian, 26 Apr 2023) https://guardian.ng/opinion- accessed 25 Apr 2023. 
• Purdue Global, ‘History of Women in IT: 6 Female Pioneers in Computer Science’ (PurDue Global, 19 Apr 2018) https://www.purdueglobal.edu/ accessed 25 Apr 2023.
• Jonathan Woetzel and et, ‘How advancing women’s equality can add $12 trillion to global growth’ (Mckinsey & Company, 1 Sep 2015), https://www.mckinsey.com accessed 26 Apr 2023.
• ‘How can Intellectual Property Rights Empower Women?’ (KIPG) <https://www.kashishworld.com> accessed 25 Apr 2023.
• Vaishnavi Sharma & Mamta Gaur, ‘Women Entrepreneurs in India: A Study of Opportunities and Challenges’ (ResearchGate, Aug 2020) <https://www.researchgate.net>
• https://savvywomen.tomorrowmakers.com
• USPTO, ‘Progress and Potential: 2020 update on U.S. women inventor-patentees’ <www.uspto.gov> accessed 25 Apr 2023.
• Institute for Women’s Policy Research ‘Innovation and Intellectual Property among Women Entrepreneurs’ <https://iwpr.org> accessed 25 Apr 2023.
• The Global Gender Gap in Innovation and Creativity: An International Comparison of the Gender Gap in Global Patenting over Two Decades. Development Studies Series. <www.wipo.int> accessed 23 Apr 2023.
• ibid.
• ‘Intellectual property statistical country profile 2021’ <https://www.wipo.int> accessed 25 Apr 2023.
• G&W Legal ‘Women and IP: inclusion of women in Indian IP system’ (Lexology 26 Apr 2023) <https://www.lexology.com> accessed 26 Apr. 23.
• Lorenzo Montanari, ‘How IP Rights Empower Women’ (Forbes 26 Apr 2018) < https://www.forbes.com> accessed 26 Apr. 23
• Institute for Women’s Policy Research ‘Innovation and Intellectual Property among Women Entrepreneurs’ <iwpr.org/iwpr> accessed 25 Apr 2023.
• G&W Legal ‘Women and IP: inclusion of women in Indian IP system’ (Lexology 26 Apr 2023) <https://www.lexology.com> accessed 26 Apr. 23.
• Aikaterini Kanellia and Lisa Jorgenson, ‘Together We Can: Approaches to Empowering Women in IP’ (WIPO Magazine) < https://www.wipo.int> accessed 26 Apr 2023.
• ibid
• ibid.
• Are you 'headstrong' or 'dependent'? How gender stereotypes might be affecting your wages (WEF, 16 Feb 2022) <https://www.weforum.org> accessed 26 Apr 2023
• OECD Report to G7 Leaders on Women and Entrepreneurship, < https://www.oecd.org> accessed 26 Apr 2023.
• Institute for Women’s Policy Research ‘Innovation and Intellectual Property among Women Entrepreneurs’ <https://iwpr.org> accessed 25 Apr 2023.
• ibid
• European Commission, ‘Empowering and Embracing Women in IPR and Innovation - Policies and Measures in Africa, China, India, Latin America or South-East Asia (World IP Day 2023)’ (European Commission, 26 Apr. 23) < https://intellectual-property-helpdesk.ec.europa.eu> accessed 26 Apr 2023.
• Politico Magazine, ‘What Are the Biggest Problems Women Face Today?’ (8 Mar 2019) <https://www.politico.com> accessed 26 Apr. 23.
• How can Intellectual Property Rights Empower Women?’ (KIPG) <https://www.kashishworld.com> accessed 25 Apr 2023.
• WIPO Intellectual Property (IP) and Gender Action PlanThe Role of IP in Support of Women and Girls https://www.wipo.int
• Aikaterini Kanellia and Lisa Jorgenson, ‘Together We Can: Approaches to Empowering Women in IP’ (WIPO Magazine) < https://www.wipo.int> accessed 26 Apr 2023.
• European Commission, ‘Empowering and Embracing Women in IPR and Innovation - Policies and Measures in Africa, China, India, Latin America or South-East Asia (World IP Day 2023)’ (European Commission, 26 Apr. 23) < https://intellectual-property-helpdesk.ec.europa.eu> accessed 26 Apr 2023.
• Deepali Sharma, ‘Technology driven by women: An Indian Scenario’ (Invest India) <https://www.investindia.gov> accessed 26 Apr 2023.
• WEF ‘Davos 2023: This is how to get more women into positions of power’ (WEF, 25 Jan 2023) <https://www.weforum.org> accessed 26 Apr 2023.
• <https://www.azquotes.com/picture-quotes> accessed 26 Apr 2023.